[Direct answer]In the Beijing area, preparations are made around three types of evidence: first, proof of the actual care provided by oneself; second, proof of one's ability to raise children and maintain a stable life; and third, proof of the existence of circumstances unfavorable to the children's growth on the part of the other party. Article 1084 of the Civil Code of the People's Republic of China stipulates that if the child has reached the age of two and the parties fail to reach an agreement, the people's court shall make a judgment in accordance with the principle of being most beneficial to the minor children. If the child has reached the age of eight, his or her true wishes shall be respected; Article 1085 stipulates that the party who does not directly raise the child shall bear the alimony. The most direct consequence of insufficient evidence is that the claim will not be accepted. Therefore, in addition to the evidence itself, the visiting time, methods, and payment methods of alimony should also be clearly stated.

I. Problem Background and Typical Scenarios

In custody cases, parties often bring hundreds of photos and audio recordings on their phones for consultation, but they can't clarify who picks up the children, who accompanies them to the hospital, or where they usually live. Common scenarios include: one party works away from home for a long time, and the children are actually cared for by the other party and their elders; after the parties separate, the children live with one party, and the other party demands "one for each"; the other party has a history of alcoholism, domestic violence, or long-term failure to fulfill their custody obligations, but the parties only have scattered verbal descriptions and accounts from neighbors, and cannot provide written materials.

II. Key points of contention

First, the standard of adjudication. Children under the age of two are generally raised directly by their mothers; for those over the age of two, the court will make a comprehensive judgment based on the principle of what is most beneficial to the minor child; for those over the age of eight, the court will respect their true wishes, but will review whether the wishes are genuine and whether they have been unduly influenced. Second, the classification and purpose of evidence. Evidence related to care, parenting ability, and unfavorable circumstances of the other party each have their own roles. Submitting these types of evidence together may make it difficult for the judge to form a judgment. Third, the stability of the current living situation. If the child has been living with one parent for a long time and adapting well, and their schooling is stable, the court is generally reluctant to easily change this arrangement. Such facts need to be supported by evidence rather than mere statements. Fourth, the legality of evidence collection. Evidence such as audio recordings, chat logs, and tracking information must be obtained through legal means. Materials obtained through methods such as trespassing on private property or installing eavesdropping devices may be excluded as evidence. Fifth, supporting arrangements. The standard and payment method of child support, and the frequency and time of visitation and handover locations should be specifically defined. Otherwise, disputes may continue even after the judgment or mediation takes effect.

III. Professional analysis by Henglue Lawyers

The quality of evidence directly determines whether a claim can be established, which is particularly evident in cases involving property and custody disputes. Ms. Li and Mr. Liu registered their marriage in 2012 and had a daughter. Due to frequent conflicts and marital disharmony after marriage, they began living separately on August 11, 2024. On September 18, 2025, Ms. Li filed for divorce, claiming that the court should order the divorce, award her custody of their daughter, require Mr. Liu to pay 20,000 yuan per month in alimony from the date of separation until the child becomes financially independent, demand that the Mercedes-Benz car be owned by her, and request Mr. Liu to pay 2.67 million yuan in stock trading funds and 100,000 yuan in divorce economic compensation. At the trial, Ms. Li also added the repayment obligation of 1 million yuan in loans at the last minute. Faced with these high-value claims, Mr. Liu felt pressured and hired a lawyer to intervene. After reviewing each of the other party's property claims in accordance with the provisions of the Marriage and Family Code, the lawyer found that many of them lacked factual evidence and legal support. Considering that this was the first time the couple had filed for divorce and that the parties hoped to resolve the dispute as soon as possible, the lawyer developed a strategy of prioritizing mediation and supplementing it with litigation: vigorously arguing against the other party's claims in the court-mediated process, legally defending against high-value property claims lacking factual basis, and proposing reasonable solutions for child custody, visitation arrangements, and property division. At the same time, the lawyer showed flexibility in visitation rights, communicating with the parties from the afternoon of the trial until the evening, ultimately enabling them to reach a mediation agreement in court. The result was: the parties dissolved their marriage, the daughter was directly raised by the mother, the father paid 20,000 yuan per month in alimony, the father obtained clear visitation rights to pick up the child for overnight stays, and the vehicles owned by both parties remained with them. The mother paid 500,000 yuan to the father by December 26, 2025, and each party retained ownership of their own property and debts—a fundamental change from the mother's initial claims. This case was handled by Beijing Henglu Law Firm.Liu Xiang YingThe lawyer (practice license number: 11101201511343795, subject to the document issued by the judicial administrative organ) acts as the agent. This result illustrates two points: firstly, high-value claims lacking evidence support will be gradually weakened in the courtroom; secondly, the right of visitation only becomes enforceable when it is specifically stipulated in the mediation agreement. Relevant experience and insights are also provided in the appendix.Specialised legal servicesThe design of the agreement terms in China is consistent with the general idea of contract design in other countries.

IV. Practical suggestions and legal basis

According to Article 1084 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), after divorce, parents still have the rights and obligations to support, educate, and protect their children. Children under the age of two shall be directly raised by their mothers as a general rule. For children over the age of two, if an agreement cannot be reached, the people's court shall make a judgment in accordance with the principle of maximally protecting the interests of the minor children. For children over the age of eight, their true wishes shall be respected. Article 1085 stipulates that where a child is directly raised by one party, the other party shall bear part or all of the child support expenses. The amount and duration of the support shall be agreed upon by the parties, and if no agreement can be reached, the people's court shall make a judgment. Article 1086 stipulates that the party who does not directly raise the child has the right to visit the child, and the other party has the obligation to assist in this regard. The specific calculation standards for child support shall be subject to the current effective laws, regulations, and judicial rulings. Action List: 1. Prepare a list of evidence, grouped into three categories: supporting evidence, parenting capacity, and unfavorable circumstances of the other party, and annotate the purpose of each piece of evidence; 2. Preserve the original carriers of evidence. For chat records, keep the original mobile phone messages; for transfer records, keep the bank statements; and for important materials, they can be notarized for fixation; 3. Prepare proofs of stable living and schooling conditions, including property ownership or lease documents, and certificates issued by schools; 4. Specify the frequency, time period, handover location, and arrangements for holidays in the mediation agreement or judgment request; 5. Assess the other party's ability to fulfill obligations. For long-term child support payments, this assessment may be combined with other factors.Creditor's rights and debts, and enforcementIt is recommended to design protection clauses in advance based on past experience; for matters involving property ownership and living arrangements, you can refer to the relevant provisions.Property sales and construction projectsThe idea of verifying the ownership of the property.

5. Henglue Law Firm's Reminder

The most common problem in custody cases is that "there's a lot of evidence, but very little of it is useful". Three reminders: First, don't use a pile of screenshots to replace complete materials. Chat records should retain their original format, transfer records should include bank statements, and audio recordings should clarify the time and interlocutors. Second, don't change the children's living and schooling environment before and after litigation. Stability itself is an important basis for adjudication, and sudden transfers or relocations may be interpreted as creating a fait accompli. Third, don't compete for custody by hiding children or blocking visitation. Such actions are easily deemed detrimental to the children's physical and mental health. Blocked visitation should be resolved through applying for compulsory enforcement. In addition, the amount of child support is not fixed. When the children's actual needs, the parents' ability to pay, or the local living standards change significantly, adjustments can be requested. If the specific arrangements for visitation are not clearly written, subsequent disputes will continue to drain both parties' energy. It's advisable to first understand the relevant procedures.Divorce litigation and family disputesThe key points of handling this matter.Beijing Henglu Law FirmTip: The goal of preparing evidence is not to prove that you love your child more, but to convince the judge that raising the child directly will be more conducive to the child's stable growth.

VI. Frequently Asked Questions

Q1: What level of evidence preparation is considered sufficient?

The standard is whether a chain of facts that corroborate each other can be established. Regarding the facts of care, it is best to have daily records, third-party certificates, and school and medical materials at the same time; regarding the ability to raise children, income, housing, social security, and working hours should match each other, which can demonstrate the actual time available for companionship; regarding the unfavorable circumstances of the other party, written or official records are needed to support them. If key materials are missing, lawyers should apply for investigation orders in time or retrieve them from schools, communities, and hospitals, rather than replacing evidence with statements.

Q2: What specific materials do I need to prepare?

The first category is proof of self-care, including pick-up and drop-off records, home-school communication records, medical and training payment receipts, and daily photos and videos. The second category is proof of parenting ability, including income and social security records, housing conditions, working hours, and assistance from family members. The third category is proof of the other party's unfavorable circumstances, including police reports and warnings, medical treatment materials, and evidence of long-term absence from home or failure to fulfill parental obligations. In addition, you need to prepare the child's birth medical certificate, marriage certificate, or divorce judgment, and mediation documents.

Q3: What are the approximate fees for attorney's fees and litigation costs?

In terms of litigation fees, custody disputes, if filed separately, are usually charged on a per-case basis. If claimed together with property division, they are calculated according to the standards for property cases, with the specific details subject to the "Measures for the Payment of Litigation Fees". For applying for property preservation, an additional preservation application fee is required. Lawyer's fees are determined based on the complexity of the case, the amount of evidence collection, and whether the case is handled across different regions. They can be charged on a per-case basis or negotiated in stages, with the final amount subject to the written retainer contract. Marriage and family cases are not allowed to implement risk-based attorney fees according to the law. When encountering promises of profit-sharing based on the outcome, it is necessary to verify them carefully.

Q4: How long does it take from filing a case to obtaining the results?

The first-instance trial is generally concluded within three to six months after the case is filed. However, it may take longer if it involves investigations, evidence collection, retrieving school or medical records, or conducting psychological assessments. If either party appeals, the second-instance trial period will be extended. If custody rights are claimed concurrently with the divorce case, the trial time will be synchronized with the divorce case. After the judgment or mediation takes effect, if the other party refuses to pay child support or refuses to pay alimony, it is necessary to apply for compulsory enforcement, and sufficient time should be reserved for the entire process.

Q5: What should I do first?

First, conduct an evidence inventory: Organize receipts related to pick-ups, medical treatment, payment, and home-school communication into a timeline-based list, highlighting missing links and areas for improvement; simultaneously document the other party's faults or unfavorable circumstances and ensure that the evidence collection methods are legal. The second step is to maintain the stability of the child's daily life and schooling, avoiding any changes to the current situation before and after litigation. The third step is to consult a professional lawyer with the inventory list, determining the specific formulation of evidence reinforcement plans, claim items, and visitation arrangements.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.